PRINTER'S NO. 2423
No. 1858 Session of 1984
INTRODUCED BY MANDERINO, PETRARCA, J. L. WRIGHT, KUKOVICH,
WARGO, OLASZ, DeWEESE, BALDWIN, TIGUE, SEVENTY, MARKOSEK,
HUTCHINSON, VAN HORNE, GEIST, MRKONIC, COSLETT, STEVENS,
LUCYK, MISCEVICH, DALEY, F. E. TAYLOR, KASUNIC, JAROLIN,
STEIGHNER, STUBAN, STEWART, WOZNIAK, BELARDI, CAWLEY,
LIVENGOOD, MICHLOVIC, McCALL AND SWEET, JANUARY 30, 1984
REFERRED TO COMMITTEE ON MINES AND ENERGY MANAGEMENT,
JANUARY 30, 1984
AN ACT
1 Amending the act of August 23, 1961 (P.L.1068, No.484),
2 entitled, as reenacted and amended, "An act to provide for
3 the creation and administration of a Coal and Clay Mine
4 Subsidence Insurance Fund within the Department of
5 Environmental Resources for the insurance of compensation for
6 damages to subscribers thereto; declaring false oaths by the
7 subscribers to be misdemeanors; providing penalties for the
8 violation thereof; and making an appropriation," providing
9 for applications for additional insurance; providing for
10 automatic increases for inflation; and providing insurance
11 availability for structures under construction.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. The act of August 23, 1961 (P.L.1068, No.484),
15 entitled, as reenacted and amended, "An act to provide for the
16 creation and administration of a Coal and Clay Mine Subsidence
17 Insurance Fund within the Department of Environmental Resources
18 for the insurance of compensation for damages to subscribers
19 thereto; declaring false oaths by the subscribers to be
20 misdemeanors; providing penalties for the violation thereof; and
1 making an appropriation," reenacted and amended November 27,
2 1972 (P.L.1243, No.278), is amended by adding sections to read:
3 Section 7.1. Application for an Increase in Insurance.--
4 Additions in the amount of insurance, up to the allowable
5 limits, may be made at any time by the subscriber by submitting
6 a written statement to that effect to the board or to any of its
7 agents. Upon receipt of the subscriber's written statement by
8 the board or any of its agents, the new amount of insurance
9 shall be effective immediately, but the additional coverage will
10 be null and void if the applicant fails to remit the premium
11 payment within twenty days from the day the bill for additional
12 premium is postmarked.
13 (1) Such additional insurance may be subjected to later
14 reductions, and premiums adjusted accordingly, if the board
15 determines that the added insurance raises the total amount of
16 insurance in excess of the current market value of the
17 structure.
18 (2) The additional insurance shall be void if, upon
19 reinspection of the structure, the board determines that mine
20 subsidence damage occurred prior to the request of the
21 subscriber for additional insurance.
22 Section 7.2. Automatic Inflation Protection Increase.--The
23 board shall make available to all subscribers an annual
24 inflation protection option to uniformly increase subscribers'
25 coverage, and shall allow thirty days for subscribers to elect
26 this option. An inflation protection increase shall not be
27 subject to a reinspection of the structure.
28 Section 12.1. Insurance for Structures under Construction.--
29 The board shall make available mine subsidence insurance to
30 owners of structures under construction. Such insurance shall
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1 have a term of no more than eighteen months, or until the
2 structure is eighty percent complete, whichever is first.
3 Section 2. This act shall take effect immediately.
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